A Palmerton couple may keep their pool in its current location despite some public opposition.
The borough's zoning hearing board unanimously agreed on Monday to grant a variance to James and Elizabeth Perschy, of 432 Franklin Ave., said borough zoning officer Duane Dellecker.
Section 403.D.10.b of the borough zoning ordinance requires a four-foot side yard, and the existing pool has a side yard setback of three and one-half feet.
In a letter dated Sept. 12, Dellecker issued a violation notice to the couple regarding the issuance of zoning permit #4303, and the installation of an above ground swimming pool that encroaches on the required side yard setback.
Therefore, Dellecker noted in his letter, "we are forced to revoke the permit as issued, and begin enforcement proceedings as prescribed in Section 109 of the Palmerton Borough Zoning Ordinance."
The couple has been cited for failure to comply with a section of the borough's zoning ordinance, which requires above- ground swimming pools to be located not less than four-feet from a side property line.
Dellecker stated that zoning permit #3403, issued June 27, 2000, indicated the above ground swimming pool would be erected 4 1/2 feet from the side property line. Based on that information, permit #3403 was issued, he said.
"A recent survey, completed by Cornerstone Consulting Engineers, dated Aug. 8, 2012, as supplied to our office, reflects a side yard setback of only 3 1/2 feet," Dellecker said. "As a result, permit #3403 is hereby revoked."
As a result, Dellecker said the couple has been given 30 days, from the date of the Sept. 12 letter, to relocate the above-ground swimming pool to the required setback, or apply for a variance from the zoners to allow the pool to remain in its current location.
Failure to comply with this notice within the specified time period, unless extended by appeal to the Board of Appeals, constitutes a violation that may result in fines of up to $500 per day, plus all court costs, including reasonable attorney fees incurred by the borough, as a result thereof. Each day may constitute a separate violation (section 109 of the zoning ordinance).